Rent Abatement in Wisconsin: Duty to Repair a Broken Statute

Authors

Brady Wirkes

Abstract

Wisconsin, like many states, has a rent abatement statute that authorizes tenants to withhold rent from their landlord. Despite the apparent strength of the rent abatement statute, tenants rarely utilize it. The statute, as it exists, fails to provide an adequate safety net for tenants. Even tenants with flawless abatement arguments are currently required to risk eviction to make a claim. However, the risk of eviction is merely the tip of the iceberg.

This Comment explores the complexities of a rent abatement claim in Wisconsin, highlighting the difficulties that tenants face trying to successfully withhold rent. Wisconsin’s rent abatement statute fails to defend tenants, despite the apparent strength of the statute. This Comment explores how the statute is used to prevent tenants from ever making an abatement claim in the first place. It then proposes a variety of solutions, most of which are based on current proposed state legislation or existing municipal ordinances. This Comment concludes with a summary of how these solutions interact with eviction and habitability in the broader context of society.

Repository Citation

Brady Wirkes, Rent Abatement in Wisconsin: Duty to Repair a Broken Statute, 109 Marq. L. Rev. 873 (2025).
Available at: https://scholarship.law.marquette.edu/mulr/vol109/iss2/9